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IN CHINA AND JAPAN.
Preliminary Examination.
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291. Where the accused comes before the Court on summons or Depositions. warrant, or otherwise, the Court before committing him to prison for trial, or admitting him to bail, shall in his presence, take the depositions on oah (Form 39) of those who know the facts and circumstances of the cas», and shall put the same in writing.
292. The accused shall be at liberty to put questions to any Questions by accused, witness produced against him, and the statements of any witness in
answer thereto shal form part of that witness's de position.
293. The deposition of each witness s'all be read over to the Signature of deposition, witness, and shall be signed by him.
294. If on the trial of the accuse-1 it is proved on oath that any witness de d or ill. person whose deposit on has been taken is dead, or is so ill as not to be able to travel, and that his deposition was taken in the presence of the accused, and that he or his counsel or attorney cross- examined, or had full opportunity of cross-examining the witness, the deposition may be real as evidence in the prosecution without further proof thereof.
295. No objection at the preliminary examination to any charge, Variance of evidence, • summons, or warrant, for any defect in substance or form, or for any variance between it and the evidence adduc d on the part of the prosecution, shall be allowed ; but if any variance appears to the Curt to be such that the accused has been thereby deceived or misled, the Court may, on the request of the accused, adjourn the examination, and in the meantime remand the accused or admit him to bail.
Statement of Accused.
296. After the examination of all the witnesses on the part of How to be taken, the prosecution is completed, the Court shall, without requiring the attendance of the witnesses, read over to the accused the depositions taken against him, and shall then say to him these words:
"Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so. but whatever you say will be taken down in writing, and may be given in evidence again-t you on your trial. And I give you clearly to understand that you have nothing to hope from any promise of favour, and nothing to fear from any threat that may have been held out to you to induce you to make any admission or confession of your guilt; but whatever you now say may be given in evidence against you upon your trial, notwithstanding such promise or threat." Whatever the accused then says in answer thereto shall be taken down in writing (Form 40) and shall be read over to him, and shall be kept with the depositions of the witnesses, and after- wards, on the trial of t: e accused, the same may be given in evi- dence against him without furti.er proof thereof.
297. Nothing in the foregoing Rules, however, is to prevent Confession. the prosecator from giving in evidence any a mission or confession
or other statement of the accused made at any time, which would,
by law, be admissible as evidence against him.
Publicity.
298. The room or place in which the preliminary examination Examination of this is held is not an open or public Court for that purpose; and the kind and public, Court may, in its discretion, in case it ap; ears to it th t the ends of
justice will be best answer d by so doing, order that no person have
access to, or remain in, the room or place w.th ut the special permission of the Court.